Sunday, December 15, 2013

Understanding Nigeria’s Open Access Model with global precepts


Preamble:
IT was until 2010, when the Global Symposium for Regulators (GSR), a subtle arm of the International Telecommunications Union (ITU) came up with the best practice guidelines for enabling open access, the Nigerian Communications Commission (NCC) has been talking about ‘Open access’ over the years and with the GSR resolution, it was evident that the growing complexity of Information Communication Technology (ICT) market environment requires retooling.
For this, NCC sees the Nigerian Vision 20:2020 economic transformation blueprint as a long term plan for stimulating Nigeria’s economic growth and launching the country onto a path of sustained and rapid socio-economic development.
ITRealms recalls that as part of NCC’s mission under Dr. Eugene Juwah, is to achieve global economic competitiveness, recognizing the need for cost effective widespread deployment of robust national and metropolitan optic fibre transmission network. So, effective deployment would include making certain that an even playing field where infrastructure sharing takes place exist.

Putting up a new broadband environment:
NCC, therefore, has been showing  commitment towards putting in place a new broadband deployment environment based on ‘Open Access Model’ in line with the National Broadband Plan (NBP), which has been examined as the model for optic fibre transmission network deployment to bridge the current gap and deliver fast and reliable broadband services to households  and businesses. Also, the model is envisioned to address the challenges of congested and unplanned towns, the challenges around infrastructure sharing and other issues such as high cost of Right of Way across the country.
In addition,   the  Open  Access  Model as proposed by NCC will  potentially  help  to optimize  the  cost  of broadband  access across Nigeria, by ensuring that all operators,  whether  large or small,  have equal access  to broadband  infrastructure. Whilst the Next Generation Broadband Network (NBN) in Nigeria is envisaged to be an open-access carrier-neutral backbone and metropolitan fibre network that spurs service innovation. 
According to Dr. Juwah, the NBN framework will provide an open- access, non-discriminatory and non-exclusive pricing to all service providers.
ITRealms gathered that with the objective of this initiative as laid down by Juwah administration in recent times, is to stimulate a new national broadband network that is not only more widespread but also faster and more secure than what is available today,  thereby  stimulating  other  sectors  of  the  economy  and  leading  to  higher economic spinoffs for Nigeria; Just as, it will offer efficient connectivity as well as ultra high-speed broadband services that are available, affordable and sustainable.
And for GSR, ITRealms reports, there is a need to rethink the different  degrees  of  regulation  to  anchor  national  broadband  strategies  and  regulatory frameworks around the multi-facetted concept of open access to and over networks, which provides for achieving effective competition while ensuring accessible, affordable and reliable services for consumers.

Potential bottlenecks:
Accordingly, a new set of regulation may now be required to set the right balance between service competition and infrastructure competition to address the challenges associated with access to broadband networks and services, which comprises equal and non-discriminatory access to the networks and lifting potential bottlenecks that could prevent end users from enjoying the full benefits of living in a digital world, driven by speed, ubiquity of access and affordable prices, irrespective of the location of the networks providers and users.
The regulators also at the 2010 Global Symposium, proffered guidelines for enabling open networks, maintained that open access for many stakeholders, especially the service providers’ perspective, means the possibility for third parties to use an existing network infrastructure.
Open access, therefore, comes with two main outlines, namely by regulated open access such as unbundling, especially where there is a dominant operator, and commercial open access.
In the foregoing, every consumer within this industry is expected to have access to all services and applications carried over these networks,  as  long  as  those  services  and  applications are  public  and  lawful; regardless of  the  type  of  network and  who is  supplying or  using them;  and  in  a transparent and non-discriminatory fashion. Hence, the customers’ range of choice should not be unduly constrained by the inability of competitors to obtain access services, especially over the last mile infrastructure.
In furtherance, the GSR which NCC is an active member, proposed that open  access  to  networks, must encompass what  policy  and  regulatory tools needed to enable opening up access to network facilities, such as international fibre networks, known as ‘essential’ or ‘bottleneck’ facilities, other networks without harming investment and innovation. This was not far from the reasons behind the publication of the Industry Consultation Paper last month on “Open Access Model for Next Generation Optic Fibre Broadband Network: The Nigerian Model.”
The regulators, GSR, had stressed the importance of legislation to set out the general principles of open access - non-discrimination, effectiveness and transparency; highlighting the importance of both active and passive infrastructure sharing in the deployment of electronic communications networks in property owned by any operator, private entities and public bodies, even if they are operating in other sectors.
In order to encourage broadband deployment, preserve and promote the open and the interconnected nature of the public Internet, regulators were advised to consider mandating dominant providers of national broadband networks, including cable landing stations, to provide open access on a fair and non-discriminatory basis to their networks and essential facilities for competitors at different levels of the networks.
They recognized the importance of wholesale regulation, including the obligation to publish reference offers for access to essential facilities and prices oriented to costs, as means to ensure open access.
Noting that in countries where Fibre-to-the-Building is deployed, the regulators need to define rules that ensure shared and equal access, and prevent discriminatory behaviors and monopolization by the first infrastructure operator in such buildings.

Open access needs centralized Info system:
A centralized information system, containing the data records of infrastructures held by public bodies, electronic communications operators and other public utilities that could be shared, would be of great advantage to all market players. Even as operators must set up and ensure availability in a database accessible online, information regarding passive infrastructure, such as civil elements such as ducts and towers that could be shared including paths and space available with the respective prices oriented to costs.
The importance of coordination among all stakeholders from the ICT sector and beyond, these group of experts said, rest in the deployment of civil works to prevent any barriers to the spread of broadband networks. Stressing the importance of defining flexible open access rules adapted to the fast-paced broadband growth.
The  development  of  a  change  management strategy  to  assist  the regulators in reforming their regulatory practices in order to adequately adapt to the exigencies of new market structures, innovations and business models.

Leveraging digital dividend:
Open networks, they underlined should ensure that every citizen has access to the benefits of ubiquitous broadband networks, through policies for universal access to broadband, transition to New Generation Network (NGN) so as to leverage on the digital dividend.
Efficient allocation and assignment of the digital dividend spectrum, GSR proposed will  result  in  social  and  economic  benefits  that  could  stimulate  innovation  for  the provision of lower-cost communications and services, especially in rural and remote areas.
So, suggesting that governments update the definition of universal service as needs evolve to ensure technology neutrality and the inclusion of broadband access. Whilst noting the need to put in place concrete national plans and strategies to stimulate deployment of broadband networks, particularly in developing countries. Besides, the  challenges  in  attracting  investment  for  large  scale  deployments,  these strategies, they insisted, should consider the  role  of  the  state  in  funding the  national broadband infrastructure, inter alia through Public Private Partnerships (PPP) and promoting the involvement of municipalities or cities.
On open and neutral Internet, the regulators emphasised on how to handle traffic management over increasingly congested networks while applying fair rules. Reiterating that Internet  traffic  management based on objectively justifiable differentiations be made in the way in which various data streams are treated, whether according to the type of content, the service, application, device or the address of the stream’s origin or destination.
They further recommended that  when  Internet  Service  Providers  (ISPs)  do  employ  traffic management mechanisms for  ensuring access  to  the  Internet  at  any  point  of  the network, they should comply with the general principles of relevance, proportionality, efficiency, non-discrimination between parties and transparency.



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